---Acceptable Use Policy and Terms Of Service
Agreement---Last updated: Feb 15, 2007
Agreeing to CRUSE Hosting Services Acceptable Use Policy and Terms of
Service is mandatory for Hosting signing up or using our services.
Please make sure you read everything. The following rules apply to sites
you host with CRUSE Hosting Services
Acceptable Use Policy
Introduction
During the term of its agreement with CRUSE Hosting Services, the
customer must ensure that the use of any resource offered to the
customer or owned or controlled by CRUSE Hosting Services ("Service")
conforms with CRUSE Hosting Services's then current Acceptable Use
Policy ("AUP"). CRUSE Hosting Services may modify, without prior notice,
the AUP as CRUSE Hosting Services deems appropriate; such modified AUP
is effective upon posting on CRUSE Hosting Services's website.
Responsibility
You are responsible for your sites and all sites that you host to be in
accordance with all rules on this page. Misuse by you may result in
actions on your account, including removal from the host without a
refund.
Inappropriate Use
The Service must not be used to publish, post, distribute or otherwise
disseminate unlawful material or information including, but not limited
to: threatening, harassing, defamatory, obscene, or fraudulent
information and materials, or proprietary, copyrighted, or otherwise
intellectually protected information and materials for which Customer
does not have authorization or authority to possess or distribute. The
Service must not be used to request unlawful services or materials. The
Service must not be used for activities CRUSE Hosting Services deems to
impact its customers or its ability to deliver services to its
customers. Such activities may include, but are not limited to:
Obscene Speech or Materials
The distribution of child pornography or any obscene, abusive,
defamatory or threatening speech or material. You may not host any site
containing adult oriented content, including nudity of any kind. Portal
sites linking directly to adult oriented content are also not
acceptable.
Intellectual Property Infringement
Any activity infringing on the intellectual property rights of others,
including copyrights, trademarks, service marks, trade secrets, and
patents.
Spamming
Sending unsolicited commercial bulk email ("UCE"), news postings or
chain letters; advertising transmitting, or otherwise making available
any software, program, product, or service that is designed to
facilitate sending UCE; use of web pages that allow "spam"ing (known as
"ghost sites") that directly or indirectly refers to domains or IP
addresses hosted by CRUSE Hosting Services. CRUSE Hosting Services
reserves the right to determine in its sole discretion what constitutes
UCE based on the information available. Sending any email to purchased
lists or lists obtained by any other method (such as harvesting) is not
acceptable. Customers may ony send email to recepients who have joined
mailing lists directly from their site.
Maintaining an Open Email Relay
Allowing email to be sent through Customer's system by a third party
(i.e. neither to nor from Customer or Customer's accounts).
Fraud
Using a false identity; using pyramid/ponzi scheme; storage or
transmission of any intentionally incorrect data or packet.
Virus, Worm, or Trojan horse program distribution
The deliberate transmission of computer viruses, worms or trojan
software.
Denial of Service
Using any technique to intentionally degrade or disable the delivery of
any legitimate data.
Glutting of servers
Oversized storage of any files that would be unreasonably large (ie.
making a zip file filled with text files just to pad the size). Again,
your webspace is not for data back up. It is only for hosting real
sites.
Unauthorized Access
Attempting to gain unauthorized entry to any site or network, or any
network or host scanning, probing, monitoring or other information
gathering associated with such activity; using the Service to guess
passwords.
Applications
Customer may not run any program or script on the server that runs
constantly or 'listens' on ports unless provided in the control panel.
This includes applications associated with chat services.
Public Forums
Inappropriate postings to newsgroups, chat rooms, electronic bulletin
boards and any other public forum on, or using, the Service.
Customer Responsibilities
Bulk Email
Customers sending bulk email must provide recipients with an easy and
effective mechanism for removal from bulk email list. Customer must
include the source of the addressee's address in each bulk email
message.
CPU Usage
Sites may not use extreme unwarranted CPU usage. This includes usage of
"heavy" scripts or Flash/shockwave files. By heavy we mean oversized
without cause, to the point where most users would be unable to view
them in a reasonable amount of time. No single site may consume 30% of
CPU usage for a sustained period of time.
Service Resale
Customer may not resell the Service or any portion of the Service unless
under a Reseller plan.
Password Protection
Customer is responsible for protecting passwords and for any authorized
or unauthorized use.
Music Files
Customer may not with out permission have sound/video files in any
format (MP3, ASX, ASF, RA, RAM , QTV) due to the high rate of illegal
transfer of copywritten material.
Content Protection
Customer agrees to provide appropriate protection to prevent minors
(persons under 18 years of age) from accessing any unsuitable material
that Customer publishes via any Service.
Content Ownership
Customer is responsible for all content or information residing on, or
obtained, or transmitted via, the Service, regardless of whether such
use is by Customer.
File repository / Dump Sites
Customer may not use disk space as a file repository, or dump site. This
includes but is not limited too; warez, serialz, sound files,
applications, zip files. This includes using the space in order to store
content used on other sites (remote linking) . Examples of this would be
using the web space to store images for auction descriptions, flash or
any other files used on another site but stored on our server.
Free Email / Hosting Sites
We do not permit the free giving of POP email accounts or the issuing of
free hosting. This includes near free (1 penny per year for instance).
Facilitating AUP Violation
Customer activity that facilitates the violation of this AUP by any
party constitutes a violation of this AUP by Customer.
AUP Enforcement
Violation of the AUP may subject Customer to international, federal,
and/or state civil and/or criminal liability, including without
limitation, Canadian Business & Professional Code. CRUSE Hosting
Services reserves the right in its sole discretion and without prior
notice to suspend and/or terminate Customer's access to the Service at
any time for violating this AUP. CRUSE Hosting Services also reserves
the right to suspend, filter or block, and/or terminate Customer's
access if Customer's account is being used to exploit or attack the
Service or the networks of others. If Customer's account has been
compromised and attempts to reach Customer and/or to have Customer
repair a breach of security fail, CRUSE Hosting Services reserves the
right to suspend or terminate Customer's service. If Customer's access
is suspended or terminated, CRUSE Hosting Services, in its sole
discretion, may refuse to accept all new e-mail sent to the terminated
e-mail address and delete Customer's data stored on Service. CRUSE
Hosting Services will fully cooperate with law enforcement authorities
in the detection and prosecution of illegal activity.
Violation of Rules
Breaking any of these aforementioned rules may result in immediate
account suspension with out refund, as well as criminal prosecution
where deemed necessary.
LIMITATION OF LIABILITY: CRUSE Hosting Services (CRUSE Hosting
Services) shall not be responsible for any claimed damages, including
incidental and consequential damages, which may arise from servers going
off-line or being unavailable for any reason whatsoever. Further, CRUSE
Hosting Services (CRUSE Hosting Services) shall not be responsible for
any claimed damages, including incidental or consequential damages,
resulting from the corruption or deletion of any web site from one of
CRUSE Hosting Services (CRUSE Hosting Services) servers. All damages
shall be limited to the immediate termination of service. CRUSE Hosting
Services (CRUSE Hosting Services) shall be the sole arbiter of what is
and is not a violation of these acceptable use policies. CRUSE Hosting
Services (CRUSE Hosting Services) reserves the right to terminate an
account at any time and for any reason that causes harm to any
customer's web sites. CRUSE Hosting Services (CRUSE Hosting Services )
reserves the right to delete all content and files upon termination.
CRUSE Hosting Services (CRUSE Hosting Services) reserves the right to
withhold any pre-paid funds for any site removed for violations of these
policies. CRUSE Hosting Services (CRUSE Hosting Services) reserves the
right to refuse, cancel, or suspend service at our sole discretion.
CRUSE Hosting Services (CRUSE Hosting Services) reserves the right to
change these Policies without prior notice or warning. Non-enforcement
of any part of these Policies does not constitute consent.
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